Abraham, H;
(2019)
Tort Liability for Belligerent Wrongs.
Oxford Journal of Legal Studies
, 39
(4)
pp. 808-833.
10.1093/ojls/gqz025.
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Abstract
Most legal systems deny civilians a right to compensation for losses they sustain during belligerent activities. Arguments for recognising such a right are usually divorced, to various degrees, from the moral and legal underpinnings of the notion of inflicting a wrongful loss under either international humanitarian law or domestic tort law. My aim in this article is to advance a novel account of states’ tortious liability for belligerent wrongdoing, drawing on both international humanitarian law and corrective justice approaches to domestic tort law. Structuring my account on both frameworks, I argue that some of the losses that states inflict during war are private law wrongs that establish a claim of compensation in tort. Only in cases where the in bello principles are observed can losses to person and property be justified and non-wrongful. Otherwise, they constitute wrongs, which those who inflict them have duties of corrective justice to repair.
| Type: | Article |
|---|---|
| Title: | Tort Liability for Belligerent Wrongs |
| Open access status: | An open access version is available from UCL Discovery |
| DOI: | 10.1093/ojls/gqz025 |
| Publisher version: | https://doi.org/10.1093/ojls/gqz025 |
| Language: | English |
| Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher's terms and conditions. |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10142158 |
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